Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-09-20

~ - ANN
T. Z. Sanford, farmer, Union.
u. r.. Rooms, farmer, Rutland.
M. Goodrich, farmer. Concord.
Ohas. Arm tage, farmer. Arlington.
d. w. Yockey farmer. Miller.
s.. ID. Moore, druggist, Sioux City.
=. o., Zsrting, farmer, Grant.
II. q. MoDoagall, undertaken, Sioux
City.
When Judge Wakefield concluded his
to the jury Maj. Mcdonald
Was appointed as guardian OF the jury
Rnd he and his deputies were sworn.
Then the jury retired. The key was
turned in The door and the fate Of the
young defendant rested solely with the
twelve men who were IN secret council.
Court was adjourned, but She attorneys
on either side, other attorneys and o
large number of peopis who were pres
ent, fingered there. 1t wae illustrative
of the curiosity with which all human
beings are possessed. The defendant
and his attorney. Argo. were the first to
leave the ROOM. Munchrath appeared
o nervous than at any time during
the trial. He realized the situation, and
it seemed shat he was fearful that the
verdict would be for the state. He SO
expressed himself, but Attorney Argo
laughIngly told him to go home and get
a good supper and he would feel better.
The crowd fingered in the court room
for some time. One by one they drop
ped out until Major Mcdonald was
alone. Now and then some one would
call and ask the guard if q verdict had
been rendered, and they were all APP
parently disappointed to find that the
jury was still out. One good old man
called:
"Bow is this, Mr.. Mcdonald, that
people know what the jury is doing.
They knew ell about the Arensdorf case
and they know now. Is 1t possible that
you are letting people talk with the
Jury? 2
The good old man was on the side OF
the state end he had been misinformed.
The guard laughed and inquired how
the Jury stood. He would to know him.
self and the caller went out. All night
long the Jury were in council. People
looked for @ verdict to be rendered
in the morning, and when morning came
and with it no verdict the general
opinion was that the ns1sa.iiaa
NOT agree. II was about 2 o'closk when
a rap ontthe door of the jury room call
ed the guard to the aoor.
"We are ready to report" said Fore
man McDougall.
The guard seemed to take this infor-
nation with a great deal OF relish. Judge
Wakeaald was notified and by 2:3O was
in his ssat. Word, had been sent to the
attorneys On either side and to the de-
fendant. 1t was precisely 2:32 when
Fred Munchrath entered the ouurt room,
accompanied by his attorney, Mr.. Argo.
He took o seat directly in front of Judge
Wakefield. In q moment more the jury
fled in and took their place. Munchrath
watched them and he was pale and ner-
iyious. He tried to overcome this but
could not, and his effort was apparent
to all.
sWe are ready to receive your yer.
dict. said Judge Wakefield, addressing
the foreman.
Then Foreman McDougalI arose.
There Yves q death-like stiffness in the
room. The nerves of the foreman we're
unsteady. he fumbfed the paper upon
which sSas recorded the fate Ci the de-
Ifendsnt. 1t fell to the floor. He pick
ed it up, and holding 1t in his left hand
read:
eve, the jury, find the defendant
guilty of manslaughier."
Tears rushed into Munohrath,s ewes.
which had steadily been fixed upon the
foreman, and he turned imploringly 10
bis aged father who sat to his left. But
the old mar did mot heed him. he
could not take nis eyes oFthe Jury.
We ask that the jury be polled, said
Attorney Argo. who had not yet re-
covered from the surprise he had re.
ceiyed in the returning of the verdict.
The iurymen were each called and an
swered IN a clear, Distinct voice that
they coucuYred in the verdict as read by
Foreman McDougall. The court then
dismissed the jury and they fled out oil
the room. 1t was evident that they
we're all glsd that q verdict had been
reached.
The court then announced that he
would fix the time of pronouncing SEN
tenee upon defendant at2 p. m. on Mon.
dey next. In g moment the court room
was cleared of the crowd which had as
sembled there. The defendants bond
holds good until sentence is pronounced.
It is q $4,000 bond, with Gertrude
Munchrath, Fred Mnnehrath, sr.,L T.. "a.
Drumm and Ed. Ressigue as sureties. 4
There are several reports as to how
many ballots we're taken in the Jury
room and what.the various votes were
The facts In the .nasee as given a. Daily
Times reporter by o juryman as follows;
Upon retiring the jury took q vote as to
whether OF not defendant should be
found guilty or acquitted. In this MT
degree OF crime was named. The vote
was unanimous that the defendant was
guilty. Then q vote was taken upon
determining the degree of guilt. The
vote on this ballot stood; Il.
For murder in the first degree, 10. 4
For granddaughter, 2.
The two jurors voting for man
slaughter immediately went to work to
bringthe other ten over to their position.
This was . difficult thing to do, but it
was done about 2 p. m. Sunday,
and the third ballot resulted in q mi
nous vote for conviction for man.
The trial OF Sylvester sGranda, one OF
the co-defendants. was set down for trial
this morning. But this arrangement
has been charged. When court CON
yened this morning States Attorney
Marsh asked that the casa OF Granda be
continued until the November term. He
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